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Peoria Standard

Monday, December 23, 2024

Judge blocks Illinois election law change amid legal challenge

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State Representative Ryan Spain (il) | Representative Ryan Spain (R) 73rd District Deputy Republican Leader

State Representative Ryan Spain (il) | Representative Ryan Spain (R) 73rd District Deputy Republican Leader

Democrats introduced significant changes to Illinois election laws during the 2024 Spring Legislative Session in early May. The new legislation altered the process for candidates to appear on the ballot for the November 2024 election, effectively ending the practice of ‘slating’ immediately.

Previously, political parties without a candidate in the March primary had until June 3 to nominate or 'slate' a candidate for the November ballot, provided proper nomination papers were submitted by that date. The new law retroactively required candidates to have participated in the March primary or run as third-party candidates to be eligible for the general election.

Republicans argued that these changes aimed to prevent several Republican candidates from appearing on the November ballot, particularly targeting a district in Metro East where a Republican challenger was seen as viable against a Democratic incumbent. House and Senate Republicans unanimously voted ‘present’ on the legislation, with seven Democrats dissenting and some abstaining.

House Minority Leader Tony McCombie (R-Savanna) criticized the urgency behind these changes: “We don’t understand the sense of urgency right now unless the end goal is to stifle the democratic process through the changes on slating candidates.”

On May 10, the Liberty Justice Center filed a lawsuit against the Illinois State Board of Elections, alleging that changing campaign laws mid-cycle violated constitutional voting rights. The lawsuit represented prospective Republican candidates who intended to file within the previously allowed 75-day window post-primary.

Sangamon County Circuit Court Judge Gail Noll issued a permanent injunction on June 5, blocking enforcement of slating repeal for this election cycle. In her ruling, Judge Noll stated that altering ballot access rules mid-cycle was unconstitutional and disrupted electoral certainty. “The General Assembly could make revisions effective for future elections rather than amidst an ongoing one,” she wrote.

It remains uncertain whether Attorney General Kwame Raoul or the State Board of Elections will appeal Judge Noll’s decision.

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